Supported Decision-Making Agreement Act
Texas · ES · §§ 1357.001 to 1357.102 · 12 sections
Overview
This act governs supported decision-making, an alternative to guardianship in which an adult with a disability keeps legal decision-making authority and formally designates one or more supporters to help gather information, understand options, and communicate decisions. It starts from a presumption that the adult is capable of making their own decisions, and provides a written agreement — executed with witnesses and revocable by the adult — that defines the supporter's authority and limits, including access to the adult's personal and protected information. The act also sets duties and prohibitions for supporters, bars certain people from serving in that role, requires supporters to report suspected abuse, neglect, or exploitation, and directs third parties on when they may rely on the agreement, shielding those who accept it in good faith from liability.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 552 SW3D 873 - in the Guardianship of A.E., an Incapacitated Person
Sections covered
- Tex. Est. Code § 1357.001SHORT TITLE
- Tex. Est. Code § 1357.002DEFINITIONS1 cite
- Tex. Est. Code § 1357.003PURPOSE
- Tex. Est. Code § 1357.051SCOPE OF SUPPORTED DECISION-MAKING AGREEMENT
- Tex. Est. Code § 1357.052AUTHORITY OF SUPPORTER; NATURE OF RELATIONSHIP
- Tex. Est. Code § 1357.0525DESIGNATION OF ALTERNATE SUPPORTER IN CERTAIN CIRCUMSTANCES
- Tex. Est. Code § 1357.053TERM OF AGREEMENT
- Tex. Est. Code § 1357.054ACCESS TO PERSONAL INFORMATION
- Tex. Est. Code § 1357.055AUTHORIZING AND WITNESSING OF SUPPORTED DECISION-MAKING AGREEMENT
- Tex. Est. Code § 1357.056FORM OF SUPPORTED DECISION-MAKING AGREEMENT
- Tex. Est. Code § 1357.101RELIANCE ON AGREEMENT; LIMITATION OF LIABILITY
- Tex. Est. Code § 1357.102REPORTING OF SUSPECTED ABUSE, NEGLECT, OR EXPLOITATION
Enacted in other states
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